We’ve all been in a tantrum situation. But sometimes, things can get out of hand, which can lead to legal intervention. If you intentionally inflict or attempt to inflict grievous bodily harm on someone, this is considered an assault. Things can get really bad very quickly if you are charged with assault.
Is it possible that you could end up in jail if you were charged with assault and battery? That’s exactly what we’re going to explore in today’s blog post, because I’m going to answer the question: Would you go to jail for assault?
In today’s blog post, I will cover the following topics:
- What is the difference between physical assault and battery?
- Assault offenses do vary
- When is a crime considered assault or battery?
- Penalties depend on the country
- Sexual assault and battery are different crimes and classifications
- Celebrities who have faced assault charges
What is the difference between physical assault and battery?
In the world of law enforcement, we often hear the words “assault and battery” together. Depending on the state, “assault” and “assault” can actually be two different violent crimes.
The legal distinction exists only in states that actually classify assault as threatened violence rather than actual violence. Thus, assault is a threat of violence, while battery is actual physical violence.
In states that define assault as placing a victim in fear or threat of violence, the victim’s response must not only be genuine, but reasonable under the circumstances. The test is usually whether the defendant’s actions would cause a reasonable person to fear immediate physical attack.
In other words, the victim’s response must be what you would expect from any reasonable person in their position.
But in most states, assault is defined as actual physical violence. So, for our purposes in this blog post, I’m going to discuss what happens when someone actually inflicts violence and/or grievous bodily harm on a victim.
I should also mention that assault is both a crime and a tort. That means it could lead to criminal prosecution, civil liability, or both. In addition to criminal penalties, the perpetrator of the physical assault can be prosecuted for damages.
Assault offenses do vary
The U.S. legal system recognizes that the severity of an assault can vary widely, meaning it can be charged as a misdemeanor or a felony. Misdemeanors carry fines and penalties, sometimes up to a year in prison. Meanwhile, felonies usually land you in jail.
There are also distinctions in criminal law based on the victim of the attack. Charges and penalties can vary widely if the victim is a spouse or partner, as it is classified as domestic assault or domestic violence.
It is child endangerment or child abuse if the victim is a child. On the other hand, attacking an elderly person would be considered elder abuse. If the victim is a law enforcement officer, it can be classified as assaulting a police officer.
Some jurisdictions have aggravated assault, or felony assault, which often includes the use of a weapon.
When is a crime considered assault or battery?
Simple assault or battery is the least serious form of assault under the law and usually involves minor injury or limited threat of violence. This falls under the misdemeanor category, meaning a conviction could result in a fine, anger management courses, and/or up to a year in prison.
Felony battery or battery (also known as aggravated battery or battery) involves circumstances that make a crime more serious. For example, when the victim is threatened or subjected to serious violence worse than a slap or punch in the face.
Examples of felony assault or battery (which can land you in jail) include:
- Assaulting or threatening to attack another person with a weapon or dangerous object
- Shooting a person with a gun or threatening to kill someone while pointing the gun at the victim
- Assault or battery with intent to commit another felony, such as robbery or rape
- Assault or battery resulting in serious bodily injury, including permanent disfigurement
- Assault while concealing identity (threats of violence), and
- Attacking or physically assaulting a member of a protected class such as a police officer, healthcare provider, social service worker, person with a developmental disability or the elderly.
Penalties depend on the country
When you are charged with assault, the penalties you face depend on the state you are in and the nature of the crime you are charged with. All 50 states have laws regarding assault and/or physical assault and battery. They are often sentenced to prison.
Yes, you could go to jail for your first assault or assault/battery. Typically, the attorney you represent will determine the specific charges you are facing and the deal being offered. This can be a serious crime and should not be taken lightly.
Sexual assault and battery are different crimes and classifications
I should also point out that sexual assault and battery are not the same as assault and battery in the eyes of the law. Sexual assault is violence against someone in a sexual manner, including rape and sexual harassment.
This behavior is considered a sex offence, and if convicted, you may be placed on the Sex Offenders Register. Sexual assault and battery are taken more seriously in court than assault and battery and can carry heavy sentences.
Celebrities who have faced assault charges
Many celebrities have been charged with assault over the years. Some even ended up being convicted and serving time in prison.
Bill Cosby served time for three counts of gross indecency before being released due to technical problems.
Mel Gibson plea agreement In 2010, he avoided facing felony charges after pleading guilty to slapping former Oksana Grigorieva.
Mike Tyson was charged with battery (1990), rape (1992) and assault (1998) and was sentenced to several years in prison.
In 2009, Chris Brown was convicted of felony domestic violence after beating his then-girlfriend Rihanna.he was arrested About Felony Assault In 2013, after allegedly attacking a man in Washington, D.C.
In 1988, mark wahlberg He was charged with attempted murder after beating two different men, one of whom was blind in one eye. He pleaded guilty to assault and served 45 days in prison.
Limp Bizkit singer Fred Durst In 2007, he entered a “no contest” to a number of offenses including assault with a deadly weapon, battery, death threats and reckless driving.
Rolling Stones singer Mick Jagger was charged with assault in 1972.
In 1993, rapper Tupac Shakur was sentenced to 30 days in prison after pleading guilty to beating a man with a baseball bat. He was also found guilty of sexual assault that same year after a woman claimed she was raped by Shakur and his entourage.
Does your state separate battery and battery offenses? Let us know in the comments below.
Sources: First-Time Assault and Battery Charges? How the right lawyer can help Felony Assault and Battery Laws and Penalties